Supreme Court of Pennsylvania

Mertis, B. v. Oh Appeal of: Oh, M.D.

June 18, 2024

Summary

The Supreme Court of Pennsylvania affirmed the Superior Court's decision that Pennsylvania Rule of Civil Procedure 4003.6 precludes a law firm representing a defendant treating physician from obtaining information from a plaintiff's non‑party treating physician by later entering into an attorney‑client relationship with that physician. The Court held that the client exception does not apply when the treating physician was not the firm's client at the time of the prohibited communication and that confidential information is imputed to all attorneys in the firm.